Memoirs of the Reign of King George the Second, Volume 1 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 1 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
Lord Hilsborough said, “That the arguments urged against the clause
were reducible to those of power, right, and expedience. That the
Parliament has power to prolong itself, is plain from the very
debating upon it; that it has a right, appears from the Triennial
and Septennial Acts, and from the Sixth of Queen Anne; and for the
expedience, it is a known maxim, _salus populi suprema lex esto_.
That in the case of a Rebellion, would a Parliament allow of its
own dissolution, which would bring on the tumults of new elections?
or in case of a plague, would any wise Government give occasion to
great and populous assemblies, when it would even be unfit for the
Parliament itself to meet? That the event in question might include
all the others, and probably would some of them; and that the
prolongation now in Debate would not be actual, but discretionary,
while the circumstance of the manner in which it came recommended
must strike the breast of every man.” Bowes, Vyner, and T. Pitt,
spoke against the clause; Charles Yorke for it. Sir John Rushout
observed that T. Pitt had made the King’s Message the foundation
of the Debate, and then had objected to its being pleaded. He was
called to order, and so were some others; Gray and Dowdswell then
spoke against, and Southwell for the clause, which was carried at
half an hour after seven, by 258 to 81.
Then was read the clause to prevent the young King from marrying
before the expiration of his minority, unless with consent of
the Regent, and the major part of the Council; and to annul any
such marriage, and to declare all the persons concerned guilty of
high treason. This clause, which on the very face of it is a flat
contradiction to the established opinion of the Church of England,
which never heard of dissolution of marriage for political reasons,
had passed uncontroverted through the House of Lords, undisputed
by the Bench of Bishops. So obsequiously now did the sages of the
Ecclesiastic Courts bow to temporal power! Fazakerley alone in the
Commons remonstrated against it, and showed “the dangers that may
arise from pronouncing the King’s wife guilty of high treason, and
her children illegitimate; and the mischiefs it may occasion, as he
may marry her again after his majority--unless you will divest the
Crown of the prerogative of pardon, and that in the dearest case,
and will bind the Regency not only to prosecute a new species of
treason, but to enforce the penalty. If this illegal Queen may be
pardoned, and then espoused again, what confusions, what contests
may not spring from the different children she may bear during her
first and second marriage, when one son may plead his birthright
under the new establishment, the other his seniority under all the
known descriptions of legitimacy in the Church of England.”
Public-domain text, read in full here on John Shaqi.
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